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21.2.2012 Official
Journal
of
the
European
Union
L
48/3
COMMISSION IMPLEMENTING REGULATION (EU) No 145/2012
of 16 February 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
specific provisions of the Union, with a view to the
application of tariff and other measures relating to
trade in goods.
Having regard to the Treaty on the Functioning of the European
Union,
(3) Pursuant
to
those
general
rules,
the
goods
described
in
column (1) of the table set out in the Annex should be
Having regard to Council Regulation (EEC) No 2658/87 of
classified under the CN code indicated in column (2), by
23 July 1987 on the tariff and statistical nomenclature and
virtue of the reasons set out in column (3) of that table.
on the Common Customs Tariff
( 1 ), and in particular
Article 9(1)(a) thereof,
(4) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Customs Code
Whereas:
Committee,

HAS ADOPTED THIS REGULATION:
(1) In
order
to
ensure
uniform
application
of
the
Combined
Nomenclature annexed to Regulation (EEC) No 2658/87,
Article 1
it is necessary to adopt measures concerning the classifi
cation of the goods referred to in the Annex to this
The goods described in column (1) of the table set out in the
Regulation.
Annex shall be classified within the Combined Nomenclature
under the CN code indicated in column (2) of that table.
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general
Article 2
rules for the interpretation of the Combined Nomen
clature. Those rules apply also to any other nomenclature
This Regulation shall enter into force on the twentieth day
which is wholly or partly based on it or which adds any
following that of its publication in the Official Journal of the
additional subdivision to it and which is established by
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 February 2012.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission
( 1 ) OJ L 256, 7.9.1987, p. 1.

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L 48/4
EN
Official Journal of the European Union
21.2.2012
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
An apparatus in a single housing with 8528 71 15 Classification
is
determined
by
General
Rules
1
dimensions of approximately 27 × 15 × 6 cm,
and 6 for the interpretation of the Combined
comprising the following components:
Nomenclature, Note 3 to Section XVI and by
the wording of CN codes 8528, 8528 71 and
— a microprocessor,
8528 71 15.
— two cable digital tuners,
The apparatus is a composite machine capable of
performing the functions of both headings 8521
— a cable modem,
and 8528.
— a flash memory, and
Given its characteristics and mainly the capacity
to record only content received from the service
— a "smart card" reader for conditional access
provider, the apparatus is principally intended to
to a service provider.
be used for receiving television signals. Therefore,
classification under heading 8521 is excluded.
The apparatus is equipped with the following
interfaces:
Given that the apparatus is not designed to
incorporate a video display or a screen and
— an RF input and an RF output,
that its main components are tuners, a micro
— two Ethernet (RJ-45),
processor and a modem for gaining access to
the Internet and having the function of inter
— two USB,
active information exchange, it retains the
essential character of a so-called "set-top box
— an HDMI,
which has a communication function".
— a SCART,
It is therefore to be classified under CN code
8528 71 15 as a set-top box which has a
— six RCA for audio and video output,
communication function.
— an S/PDIF (optical digital audio output), and
— a slot for a hard disk.
The housing of the apparatus can be opened and
a hard disk can be inserted after presentation.
Upon presentation, the apparatus is capable of
receiving and decoding digital television signals.
It is also capable of connecting to the Internet via
the modem.
The apparatus is capable of receiving and
decoding audio/video files from apparatus
within a local area network via a router.
The apparatus is capable of reproducing
audio/video files from external media (such as a
hard disk or a USB memory) via a USB interface.
The apparatus is capable of recording and repro
ducing the digital television signals received from
the service provider.

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Document Outline

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